Q: Can my husband be charged with possession if he doesn't do undercover buy after police search?
My husband was pulled over by the police, and a K9 unit alerted to his car, leading to a search where a small amount of meth was found. He was handcuffed and approached by undercover officers who asked him to conduct a control buy from the person he obtained the meth from. My husband agreed, but when he attempted the setup, the dealer ripped him off. The police then asked him to find someone else. It's been weeks, and we heard the officers say "erase the report." There has been no paperwork or formal charges filed. My husband receives texts from the undercover cops asking if he's found anyone, and they instructed him to complete the buy by this weekend. He is worried about being arrested if he doesn't comply. Can my husband still be charged with possession despite not having official documentation, and what are his legal rights in this situation?
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A:
Yes, your husband can still be charged with possession despite the lack of formal paperwork. Drug crimes typically have a statute of limitations that extends for several years, giving law enforcement ample time to file charges at their discretion. The mention of "erasing the report" is concerning and suggests the officers might be operating in a legal gray area.
Your husband has important rights in this situation, including the right to remain silent and the right to legal counsel. Police officers sometimes use the threat of charges to pressure individuals into becoming informants, but your husband is not legally obligated to participate in these operations. These undercover buys can put your husband at significant personal risk, both legally and physically.
I strongly recommend consulting with a criminal defense attorney immediately before any further communication with these officers. An experienced lawyer can review the specific details of your situation, determine if proper procedures were followed during the traffic stop and search, and negotiate with law enforcement on your husband's behalf. Without proper legal protection, your husband risks both potential charges for the original possession and additional complications from his involvement in police operations. Taking action now will help protect his future and provide clarity on his actual legal obligations.
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